[2018] KEHC 8547 (KLR)
The court found that J W G, as the only child and sole beneficiary of the deceased, was entitled to the estate assets absolutely upon attaining adulthood. The original grant had appointed Magdaline Wacheke Gichohi as administrator to hold the estate in trust for J W G while she was a minor. Since J W G is now an...
Source-derived case information.
- Citation
- [2018] KEHC 8547 (KLR)
- Parties
- Applicant: J W G; Respondent: Magdaline Wacheke Gichohi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 8 of 2017
- Procedural Posture
- Succession Cause / Ruling on Amended Summons for Revocation of Grant
- Outcome
- application for revocation of grant allowed; grant issued to applicant
- Judges
- MM Kasango
- Legal Topics
- Revocation of Grant, Administration of Estates, Trusts for Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J W G
Applicant
Magdaline Wacheke Gichohi
Respondent
Procedural Posture
Succession Cause / Ruling on Amended Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to Magdaline Wacheke Gichohi should be revoked in favour of J W G, the sole child and beneficiary of the deceased.
- 2 Whether J W G, now an adult, is entitled to have the estate assets transferred to her absolutely.
Ratio Decidendi
The court found that J W G, as the only child and sole beneficiary of the deceased, was entitled to the estate assets absolutely upon attaining adulthood. The original grant had appointed Magdaline Wacheke Gichohi as administrator to hold the estate in trust for J W G while she was a minor. Since J W G is now an adult and Magdaline did not oppose the application, there was no legal reason to deny the revocation of the grant. The court therefore revoked the previous grants issued to Magdaline and ordered that a confirmed grant be issued to J W G, vesting all estate assets in her absolutely.
Court Disposition
application for revocation of grant allowed; grant issued to applicant
Orders
- The grant issued to Magdaline Wacheke Gichohi on 31st May 2002 and 12th June 2003 in Senior Resident Magistrate’s Succession No. 5 of 2001 are hereby revoked.
- A confirmed grant shall be issued to J W G vesting all listed estate assets in her absolutely.
Full Case Text
Judgment text and source record
45 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
SUCCESSION CAUSE NO. 8 OF 2017 (S.R.G)
IN THE MATTER OF THE ESTATE OF JANE MUTHONI GICHOHI (DCD)
MAGDALINE WACHEKE GICHOHI........PETITIONER
AND
J W G..................................................................APPLICANT
RULING
1. J W G (W) was the only child of the deceased Jane Muthoni Gichohi. When her said mother died on 23rd November 1999 grant of letters of administration were issued for that estate to MAGDALINE WACHEKE GICHOI (Magdalene), the deceased’s co-wife. W was then 15 years old.
2. The grant was confirmed on 31st May 2002 in Succession Cause No. 5 of 2001 at the Senior Resident Magistrate Court Nanyuki. In the confirmed grant it was reflected that Magdalene was to hold the properties of the estate in trust for W who was then a minor. Those properties held in trust were:-
a) Plot No. 297 HOOKFARM
b) L.R. No. 2787/876
c) L.R. No.2787/106
3. Following an application filed by Magdalene the Magistrate’s court included other assets of the estate in a new confirmed grant dated 12th June 2003. That new grant provided that Magdalene would hold intrust for W the following:-
a) 116 shares of Kenya commercial Bank.
b) 252 shares of Barclays Bank
c) 175 shares of Standard Chartered Bank
d) 125 shares Housing Finance Co. Ltd
e) Child’s account No. […] with Barclays Bank
4. W is now an adult. She has filed an Amended summons dated 12th July 2017 where she seeks the revocation of the grant issued to Magdalene and that the same be issued to her for her to hold the assets of her late mother’s estate absolutely.
5. The application was served upon Magdaline who has failed to file any response to the same.
6. I can see no reason not to grant W the prayers she seeks. Accordingly I order as follows:-
a) The grant issued to Magdalene Wacheke Gichohi on 31st May 2002 and 12th June 2003 in Senior Resident Magistrate’s Succession No. 5 of 2001 are hereby revoked.
b) A confirmed grant shall be issued to J W G as follows:
i. Plot No. 297 HOOKFARM – absolutely
ii. L.R. NO. 2787/876 – absolutely
iii. L.R. 2787/106 – absolutely
iv. 116 shares of Kenya Commercial Bank - absolutely
v. 252 shares of Barclays Bank - absolutely
vi. 175 shares of Standard Chartered Bank- absolutely
vii. 125 shares Housing Finance Co. Ltd - absolutely
viii. Child’s account No. […] with Barclays Bank – Absolutely
c) There shall be no orders as to costs.
DATED and DELIVERED at NANYUKI this 8th day of FEBRUARY 2018.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Njue / Mariastella
For applicant …......................................
For Petitioner:.........................................
COURT
Ruling read in open court.
MARY KASANGO
JUDGE